REGULATION on the Fondation romande de détention administrative LMC (RVLMC) - Constitution, seat (RVLMC)

1. Under the name of Fondation romande de détention LMC, a public law foundation with its headquarters in Lausanne is established.

2. By a unanimous decision, the Conference may relocate the headquarters of the Foundation.

1.

1. The Foundation's purposes include

a. the study and definition of infrastructure needs for administrative detention,

b. the construction, operation, and management of one or more facilities allocated to administrative detention.

2. The Foundation may perform all acts directly or indirectly related to the achievement of its purposes; it may notably acquire or dispose of real estate rights, subscribe to or take participations in establishments allocated to detention, enter into all contracts concerning the operation of such establishments.

1. The initial capital of the Foundation is constituted by an amount of CHF 300,000 (three hundred thousand francs), with each signatory canton contributing CHF 100,000.

2. Upon the subsequent accession of a canton to the Concordat, that canton shall make a contribution, the amount of which is determined by the Conference and cannot be less than the initial cantonal share.

3. The Foundation may accept extraordinary contributions to its capital, in particular from the Confederation or non-signatory cantons.

1. The resources of the Foundation are

a. the proceeds from pension prices collected from the investment authorities,

b. subsidies,

c. donations in cash or in kind accepted by the Board.

1. The budget, accounts, and coverage of the deficit are regulated as prescribed in Article 33 of the Concordat [A].

1. The Foundation's bodies are

a. the Foundation Board,

b. the financial auditor.

1. The Board of the Foundation is composed of three to seven members. The president and the secretary of the Conference are ex officio members. The other members are appointed by the Conference for a period of four years and are eligible for re-election twice.

2. The Board freely determines its organization, particularly regarding the internal or external delegation of powers and representation.

3. The Board meets as often as business requires, but at least twice a year.

1. The Council is the body responsible for the administration, direction, and management of the Foundation.

2. To this end, it possesses the broadest powers subject to the appointment of one or more establishment directors, for which the agreement of the Conference is necessary.

3. The Council exercises the functions provided for by the Concordat [A] or concordat provisions and adopts the regulations of the concordat establishments.

1. The body responsible for financial oversight is that of the canton where the Foundation is headquartered.

2. It annually prepares a written report, free of charge, for the Council and the Conference concerning its investigations into management and accounts.

1. The Council prepares an annual management report for the Conference.

1. The Conference is the supervisory authority of the Foundation. Its responsibilities include the following

- approval of the appointment of an institution director,

- determination of the board and lodging fees and the annual amount to be borne by the cantons-of-residence of the institutions,

- approval of the management report, budget, and accounts,

- decision on the distribution of the deficit,

- determination of the per diem allowance,

- drafting of the general detention regulations.

1. Accepted unanimously by the members of the Conference on March 16, 2000, this regulation enters into force on the first working day of the month following its adoption by all the concordant cantons according to their own rules. A decision of the Conference certifies this entry into force.